Lowell police officer appeals his suspension in excessive-force case

LOWELL -- Veteran police officer David Pender, who narrowly avoided termination for what the Police Department determined was his use of unnecessary force against 16-year-old student he handcuffed, is appealing City Manager Kevin Murphy's six-month unpaid suspension, three months of which will be held in abeyance.

Meanwhile, a group of city residents petitioned Murphy at Tuesday's City Council meeting to take the punishment a step further and fire Pender.

The officer's punishment stems from a Sept. 15 incident at the Lowell High School Career Academy, where Pender handcuffed the student, ordered a room cleared of any potential witnesses, and then grabbed the boy by the neck, striking him in the head and threatening to spray him with Mace, according to a determination by Lt. Greg Hudon, officer in charge of the Police Department's Professional Standards Division.

The student was suspected of having a bag of marijuana in his pocket. Pender was deployed at the school as a school resource officer.

Murphy's order, which Pender received late last month, places the 28-year veteran on what equates to probation: If Pender violates any department policy over the next two years, he will immediately serve out the balance of the six-month suspension, also without pay.

Murphy also ordered Pender to complete anger-management training and he never be allowed to work as a school resource officer again.

Advertisement

Murphy said he was "inclined to terminate" the officer but decided on a less severe punishment when Middlesex District Attorney Marian Ryan declined to press criminal charges because the student's father did not want to pursue criminal charges.

In his appeal, which will be heard on Tuesday at 9:30 a.m. at City Hall, Pender will be represented by North Chelmsford lawyer Gary Nolan. In an email, Nolan wrote: "Only took this case in a couple of days ago, and are just trying to catch up on the facts and circumstances. My partner, Peter Perroni, and I are handling the case we will be very carefully scrutinizing the evidence in this case."

Nolan said there's a chance his client will open the hearing to the public, which is his prerogative.

Murphy was expecting the appeal. During a brief interview Tuesday, he stood by his decision.

"Given the evidence before the city, it was the right decision and I stand by it," said Murphy.

More than two dozen people signed the petition submitted to the City Council requesting that Pender be fired.

"Allowing this officer back into the force will send a clear message to already concerned residents that police in Lowell are not held accountable for their poor behavior and conduct," Vladimir Saldana, of 126 Carlisle St., said at Tuesday's meeting.

He and several other speakers acknowledged that being a police officer is often a strenuous and thankless job, but they stressed that any officer who cannot maintain composure under stress should be removed.

"Anger-management training is not a sufficient punishment because Officer Pender has already shown us that he is not trainable," said Lisa Arnold, of 58 Prescott St., adding "We must hold our public servants to the same standards we hold our citizens to."

Pender was one of seven Lowell police officers who were accused of sexually harassing a female colleague during an off-duty bus trip to a political rally in Boston in October 1998. Then-City Manager Brian Martin suspended Pender for a year without pay. Pender appealed to the state Civil Service Commission and was successful in reducing his punishment to six months without pay.

Pender was arrested by Lowell police on New Year's Day in 2013 at his Lowell residence on domestic assault and battery charges. He was immediately placed on paid administrative leave by Kenneth Lavallee, then police superintendent. Pender's wife declined to press charges. City officials disciplined Pender with 10 punishment days, working for no pay., Sun staff reporter Todd Feathers contributed to this report.

Welcome to your discussion forum: Sign in with a Disqus account or your social networking account for your comment to be posted immediately, provided it meets the guidelines. (READ HOW.)
Comments made here are the sole responsibility of the person posting them; these comments do not reflect the opinion of The Sun. So keep it civil.